- (1.) THE only question for consideration in this case is whether in the matter of statutory rate of interest a non-evacuee is entitled to the benefit of Section 9 (1) of the Evacuee Interest (Separation) Act (No. LXIV), 1951, when he is a co-mortgagor of composite property under that act?
(2.) IT is not necessary for the consideration of this question to go into any appreciable detail of the facts of the case and it will be sufficient to say, for the purposes of this order, that the two petitioners, non-evacuees, and one Alla-ud-Din, an evacuee, are the mortgagors, and Jamna devi, respondent No. 2, is the mortgagee of the property.
(3.) IN the beginning the purpose for which Act No. LXIV of 1951 was enacted is stated in that act in these words- "an Act to make special provisions for the separation of the interests of the evacuees from those of other persons in property in which such other persons are also interested and for matters connect ed therewith. " The preamble recites:-- "whereas it is expedient to make special provisions for the separation of the interests of evacuees from those of other persons in property in which such other persons are also interested and for matters connected therewith;" It will be seen that the purpose for which the statute was enacted and its preamble leave no doubt at all that this Act is meant only for the separation of interests of evacuees from other persons who are obviously non-evacuees.;